HomeMy WebLinkAbout19571112_regular11/12/57 .
MINUTES OF THE REGULAR hEETTNG OF THE EDINA
1957, AT '7230 P.M., IN THE EDTNA VILLAGE HALL
VILLAGE COUNCIL, HELD TUESDAY, NOVWER 12,
Members answering Rollcall were Bank, Dickson, Fronk, Tupa and Bredesen.
was convened on Tuesday, rather than Monday, because of Monday's being a Legal
Ho 1 id ay .
Meeting
9
MINUTES OF MEETING of Monday, October 28, 1957,
with a correction to beymade: this being with regard to Storm Sewer proceedings
as set forth on Page 6 of Minute Book 21, which should be amended to read as
follows :
to inquire about disposition of a Storm Sewer Petition filed in 1956 by residents of
West Woodland Road and concord Terrace.
Engineer Balich has been working on this project; that plans and estimates of cost
should be available for council consideration in the very near future.
referred 'to Village Engineer, with direction to expedite completion of plans.
presented Preliminary plan, and Estimate of Cost, as prepared by Consulting Engineer,
John Balich, €or a proposed Storm Sewer in the Valley View Ridge-Slope-Terrace area,
suggesting that Council conduct Public Hearing thereon on November 12. Bank offered
the following Resolution and moved its adoption: - Then, RESOLUTION PROVIDING FOR
PUBLIC HEARING-PROPOSED STORM SEWER IMPROVEMENT - as set forth on Page 6 of Minute
Book 21.
Bank and carried.
STORM SEWER HEARING POSTPONED INDEFINITELY.
some problems have developed since the scheduling of this Hearing for this evening
for a Storm Sewer in the Valley View Ridge-Slope-Terrace area; that there are some
proposed changes in the plan--which will look toward including this district in
the proposed south-Edina drainage program.
postponed indefinitely.
were submitted by the Clerk,
1. STORM SEWER INQUIRY MADE, Mr. R.L. Remund, 4601 W. Woodland Road, was present
Engineer Zikan reported that Consulting
Matter
2. STORM SEWER HEARING SCHEDULED FOR TUESDAY, NOVEMBER 12, 1957. Engineer Zikan
Dickson's motion, approving Minutes, with correction, was seconded by
Mayor Bredesen informed %Re audience that
Tupa moved khat Public Hearing be
Motion seconded by Fronk and carried.
PUBLIC HEARING ON PETITION FOR PERMIT TO BUILD DOUBLE BUNGALOW ON LOT 39 BLOCK 59
WSTCHESTER KNOLLS (5208 WINDSOR AVENUE).
"Notice of Hearing" was presented, approved as to form, and ordered placed on file.
Review was had, by means of a plat of the area, showing location of assentors and
objectors, of the supplementary petition accompanied by neighbors' lettes of assent,
filed by petitioner Orazem after the Council's action denying his original petition.
Mr. H. 0. Broughton, 5201 Windsor Ave., presented a petition in objection to the
double dwelling, and an additional letter from some property owners who had signed
the letter of assent and had since changed their minds. Mr. K. T. Stevens, 5209
IVindsor,,spoke €or the double bungalow, stating that he and two of his eeighbors,
living across the street and immediately next door to the affected property wish
to see petition approved because (1) Dwelling would be a shield from the noise of
the many trains travelling past the property; (2) Building would be an asset to
their property and would make their property more enjoyable; (3) Building would
improve resale value of their property by shielding it from the tracks. Mr. Broughton
stated that the double bungalows in the neighborhood, now, have decreased the value
of surrounding properties, that the grounds are not kept up: that they have been
vacant part of the time; and, in answer to a question by the Mayor, stated that
the,neighbors have no objection to the house plan--that what they do object to is
construction 'of an additional double dwelling.
recommended a change in the Ordinance, to require fee ownership before petition to
rezone or construct multiple dwelling can be honored.
Affidavit of Publication and Mailing of
Attorney Schweiger, 5109 W.56th St,,
Because of a conflict with the MUNICIPAL COURT SESSION to be held in this room at
8:OO P.M., Mayor Bredesen announced to the audience that the Council would adjourn
to the Park Department for the balance of its meeting.
Public Hearing was forthwith continued, in the Park Department, with all members of
the Council present.
in the real estate business, and that there is no doubt but that the encroachment of
multiple dwellings on one-family neighborhoods decreases the property valuation.
Mrs. O.A. Anderson, 5200 Windsor, spoke in favor of the double bungalow, stating that
the majority of the neighbors had purchased their homes, after construction of the
double bungalows now in the area, without even realizing they were there; that she
considers them no more objectionable than any other residence in the arear
Orazem reminded Council that the Orazems expect to live in half this double residence
,and will see that it is properly maintained.
Mayor Bredesen announced that Public Hearing would be continued to Monday, November 25,
to give Council an opportunity to consider petition and counter-petition further.
Mr. M.B. Waters, stating that he is speaking from his experience
Mrs.
There was some further discussion, and
11/22/57
PUBLIC HEARINGS AND BTDS ON PROPOSED SANITARY SEIER ~rn VATBKATN IKPROVEKENTS ( STREETS IN SOUTH GARDENS ESTATES THIRD ADDITION. Affid'avits of Publication in
Edina-Morningside Courier October 31 and November 7, 1957, of "Notice of Public
Hearings"; and in Courier and Construction Bulletin, same dates, of "Advertisement
for Bids" were presented; and, pursuant to these Notices, the Council conducted
Public Hearings, and considered bids taken this morning for the following improve-
ments :
1.
2.
CONSTRUCTION OF VILLAGE SANITARY SEPER AND APPURTENANCES Ip:
Andover Road from Kooddale Ave. to Kellogg Avenue;
Kellogg Ave. from Andover Road to Claremore Road;
Claremore 2oad from T!ooddale Ave. to Oaklawn Ave.;
'Jooddale Ave. from Ellsworth Drive to Belvidere Lane;
Dunham Drive from Xooddale Ave. to Ellsworth Drive;
Ellsworth Drive from Oaklawn Ave. to VJooddale Ave.;
Dunham Drive from :;'est Shore Drive to Wooddale Ave.;
'ddest Shore Drive from Belvidere Lane to Dunham Drive;
Claremore Court.
Andover Road from Wooddale Ave. to Kellogg Ave.;
Kellogg Ave. from Andover Road to Claremore Road;
Claremore Road from Wooddale Ave. to Oaklawn Ave.;
Yiooddale Ave. from Ellsworth Drive to Belvidere Lane;
Dunham Drive from Xooddale Ave. to Ellsworth Drive;
Ellsworth Drive from Oaklawn Ave. to I7ooddale Ave. ;
Dunham Drive from Yest Shore Drive to Uooddale Ave.;
West Shore Drive from Belvidere Lane to Dunham Drive;
Claremore Court;
Oaklawn Ave. from Claremore Road to Ellsworth Drive.
CONSTRUCTION OF VILLAGE I;JATERMAINS AND APPURTENANCES IN :
Manager Hyde explained that Estimates figured for the Improvement Hearing haven
proven high; that, based on an Estimate of $66,167.40 for Sanitary Sewer, the cost
per Assessable Front Foot would be $7.70; and that, on an Estimate of $56,714.40 for
Ylatermain, the cost per Assessable Foot would be $6.01. He reported that bids taken
this morning are considerably below estimate and that the assessable cost will be
reduced accordingly. There mere no objections from the audience, and none had been
received prior to the Hearing.
luir. Hyde reported receipt of five bids--the total (sewer and water) bid of Phelps-
Drake Company being low, at $75,096.85, for December 31, 1957 completion; the
total bid of Swanson Excavating Company, at $74,223.95, being low for June 15,1958
completion; making Svranson the actual low bidder. Mr. Olaf Lee, representing
developer Coffman, explained that about 70 lots have been sold to builders who are
anxious to have their utilities in just as soon as possible, in oyder that they may.
proceed with construction of their homes.
I
DEVIATION FRO?.$ COUNCIL POLICY OF DEVELOPER-FINANCED UTILITIES CLARIFIED. Trustee
Tupa inquired as to the proposed method of payment for the project--in a plat filed
long after adoption of Council's policy to require developers to pay for their own
utilities.
period, in accordance with an agreement made with developer Coffman this spring as
part of the Lift Station Purchase-Park Purchase-Park Dedication in South Gardens
Estates, I&. Tupa protested that the Council is giving consideration to one developer
and withhoulding it from another, in the matter of financing utilities. A review was
made of the Idinutes of April 12, 1957, showing that Manager Hyde had outlined
provisions of the Purchase-Dedication agreement cited above (although Ninutes did
not cite the assessment provision), and Council's approval of the agreement; and of
Ilk. Wm. D. Coffman's confirming letter of April 26, 1957, which did list "install-
ation of sewer and water laterals by the Village in the entire plat of South Gardens
Estates with assessment against the property on the regular 10-year assessment
basis" as a provision of the agreement made April 12, 1957.
question to the Council as to whether any member felt Xn. Hyde had misled the
Council as to terms of the agreement, the answer was no. TJr. Tupa ipdifiated he
did not remember specific terms of agreement; the others, that they/;? them.
Council asked Village Attorney Windhorst whether deviation in this instance would
impose an obligation on the Council to permit assessments in other new developments.
Ih. Vjindhorst answered in the negative, stating that the policy is flexible and
the Council has the power to deviate therefrom, to adhere strictly thereto, or to
abandon it, if, in the opinion of the Council, the best interests of the Village
are to be served by its action.
considered on its merits and that, in this particular case, the Village has an
obligation to permit the assesment for utilities in South Gardens Estates Third
Addition over a ten-year period, Dickson offered the following Resolution and
moved its adoption:
Upon being informed that the cost is to be assessed over a ten-year
Upon Manager Hyde's
Stating that he believes each case should be
1 11/12/57
RESOLUTION ORDERING DPROVEiibiENTS - SANITARY SEWER
IlillPROVEMENT NO. 138 AND Ifi/AT€BMATN IMPROVZKENT NO. 123 i BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council
heretofore caused notices of hearings to be duly published on the following pro- J
posed impmovementst
1. CONSTRUCTION OF VILLAGE SANITARY SEER AND APPURTENANCES IN:
Andover Road from Wooddale Ave. to Kellogg Ave.;
Kellogg Ave. from Andover Road to Claremore Road;
Claremore Road from Wooddale Ave. to Oaklawn Ave.;
Wooddale Ave. from Ellsworth Drive to Belvidere Lane;
Dunham Drive from Wooddale Ave. to Ellsworth Drive;
Ellsworth Drive from Oaklawn Ave. to IVooddale Ave.;
Dunham Drive from Nest Shore Drive to Wooddale Ave.;
West Shore Drive from Belvidere Lane to Dunham Drive;
mClaremore Court.
2. CONSTRUCTION OF VILLAGE WATERMAINS AND WPURTENANCES IN:
Andover Road from Wooddale Ave. to Kellogg Ave.;
Kellogg Ave. from Andover Road to Claremore Road;
Elaremore Road from Wooddale Ave. to Oaklawn Avs. j
Wooddale Ave. from Ellsworth Drive to Belvidere Lane;
Dunham Drive from Wooddale Ave. to Ellsworth Drive;
Ellsworth Drive from Oaklawn Ave. to Wooddale Ave.;
Dunham Drive from West Shore Drive to Wooddale Ave.;
West Shore Drive from Belvidere Lane to Dunham Drive;
C1 aremore Court j
Oaklawn Ave. from Claremore Road to Ellsworth Drive.
and at the hearings held at the time and place specified in said notice the Council
has duly considered the views of all persons interested, and being fully advised of
the pertinent facts does hereby determine to proceed with the construction of said
improvements; that said improvements are hereby designated and shall be referred to
in all subsequent proceedings as follows:
NAME OF I&PROVE%ENT
No. 1 Above Sanitary Sewer Improvement No. 138
No. 2 Above Plllatermain Improvement No. 123
and the areas to be specially assessed therefor shall include all lots and tracts of
land abutting the streets proposed to be improved.
Motion for adoption of Resolution was ; and on Rollcall there were
four ayes and one nay, as follows: B onk, aye; Tupa, nay;
esen, aye; and the Resolution
'Village Clerk
I
CONTRACT AWARDED FOR SANITARY SEWER IMPROWVENT NO. 138 AND WATEFMAIN IllriPROVBviENT
EO. 123. Fronk's motion, that in view of the fact the difference between the low
bid for December 31 completion and that for June 15, 1958 completion is only $800,
and that installation.of utilities immediately will enable the construction of
homes, with a consequent early return of taxes to the Village, the contract kfor
Sanitary Sewer Improvement No. 138 and Viatermain Improvement No. 123 be awarded to
the low bidder for December 31 completion, Fhelps-Drake Company, at $75,096.85.
Motion seconded by Bank and carried.
- AGREEMENTS FOR FINANCING OF UTILITIES TO BE RATIFIED BY COUNCIL.
the following Resolution and moved its adoption:
RESOLUTION FOR RATIFICATION BY COUNCIL OF
AGREEMENTS WITH DEVELOPERS FOR THE FINANCING
BE IT RESOLVED by the Council of the Village of Edina that, for the guidance and
protection of the Village Manager, no arrangements be made with any developers as
to the financing of any improvement without the specific approval of the Council.
Bank then offered
OF UTILITIES
Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were
five ayes and no nays, as follows: Bank, aye= 'ckson, aye; Fronk, aye; and Tupa,
and Bredesen, aye; and the Resolution as adopted.
Mayor
DEVELOPERS TO FINANCE OW UTILITIES-POLICY CONFIRMED.
on the matter of an "Ordinance" to require developers to finance their own utilities,
Attorney Eilindhorst was questioned as to the necessity of such ordinance to enforce
this policy.
special purpose because, at the discretion of the Counci1,it may be amended.
motion that to save confusion in the future it be written into the record that THE
Becaus,e of previous discussions
He answered that an Ordinance is not necessary; that it serves no
Dickson's
COUNCIL THE POLICY OF REQUIRING DEVELOPERS TO FINANCE THEIR OLVN UTILITIES
11/12/57
FOR ALL DEVELOPMEATS ON VfiICH PRELIhlINARY PLATS WERE FILED AFTER JULY, 1955, was
seconded by Bank and carried.
PUBLIC HEARING ON PETITION FOR PERMIT TO BUILD DOUBLE BUNGALOWS ON "THE NORTH 1/2
OF LOT 17, AND LOTS 18 to 25, INCLUSIVE, BLOCK 8, kEST MINNEAFQLIS HEIGHTS (301-315
WASHINGTON AVENUE). Affidavits of Publication in Edina-Morningside Courier October
31 and November 7, 1957, and of Mailing of ItNotice of Hearing" were presented by
Clark and ordered placed on file.
€or approval subject to a garage unit's being provided with each building, was
reviewed. Attorney L'Jindhorst informed the Council that Petitioner Semrad would
not have to replat-that the area restriction wxild ke2p him from building an
excessive number of units on these small lots. Thejce were no objections to the
double dwellings from the audience, and no written hbjections had been received
prior to the Bearinlj,
as being in favor of the project. Bank's motion, that Building Inspector be
authorized to issue permits provided surveys show the required area for each
double dwelling, and provided that garage units are supplied with each dwelling
unit, was seconded by Tupa and carried.
Planning Commission's October 2nd recommendations
Mr. Joseph Piepho, 314 Adams Avenue, expressed himself
. SETBACK APPROVED AT 6209 HAlVSEN ROAD (Lot 6, Block 1. Wyman's Southview 2nd Addn.)
Mr. J. J. Nagengast was present to request approval of a 27-foot setback from
Maddox Lane €or the dwelling being constructed at 6209 Hansen Road. He stated
he owns the lots facing Hansen Road between kiaddox Lane and W.62nd Street; and
presented a letter of assent from Ab. Bert Monten, owner of the three lots facing
Maddox Lane, behind 6209 Hansen Road. There were no objections to the proposed
3-foot from the required 30-foot setback; and Mr. Nagengast reported that because
the basement had been dug a considerable hardship would result if he was forced
to set back 30 feet.
by Tupa and unanimously carried.
Fronk's motion that 27-foot setback be approved was seconded
*
REQUEST FOR PERMIT TO CONVERT SINGLE-FAMILY DWELLING TO TE\WFAMILY DWELLING AT
308 Jefferson Avenue,
single dwelling to a two family dwelling by adding an apartment in the basement
was brought to Council's attention, with the information that the property con-
tains only 9,315 Sq. Ft.
issued the Ordinance must be amended. Planning Engineer Swanson suggested that
the matter be referred to the Planning Commission, and Dickson so moved.
seconded by Fronk and carried.
Mr. Walter Stoll's request for permit to convert his
Mr. Windhorst told Council that if a permit is to be
lviotion
OFF-SALE BEER LICENSE APPROVED.
license to sell 3.2 Beer, off sale, at Ray's Dairy Store, 3907 W.54th St., vias
approved, by motion Dickson, seconded by Tupa and carried.
Application of Airs, Dorothy Carlstedt, for a
STREET NAME CHANGES--PUBLIC HEARINGS SCHEDULED. Petition for change in name of
Vi.53rd Street (from Highway 169 to its terminus ;lest) to "EDEN RIDGE" was read;
and Manager Hyde recoirmended change in the name of Broadview Road (in Broadmoor
Addition) to Benton Avenue, inasmuch as it is actually a continuation of Benton.
Bank's motion, that Public Hearing be scheduled for Nonday, December 9, on the
proposed street name changes, was seconded by Tupa and carried.
PETITIONS FGR IMPROVHdENTS :J The following Improvement Petitions were submitted, and
were accepted by notion Fronk, seconded by Dickson and carried:
1 , Blacktopping - Downing -Street from- Sherwood to Wanner Property.
2. iyatermain - Downing Street from Shertvood to Wanner Property.
3.. Curb and Gutter - Grandview Lane from I"J.52nd St. to l"d.53rd St.
4. Blacktopping - Grandview Lane from W.52nd St. to W.53rd St.
5. Blacktopping - Glengarry Parkway from Ayrshire Blvd. to Northwood Dri .
OTTO'S ADDITION, PRELIMINARY PLAT APPROVED. Planning Commission's November 6th
recommendation for approval of this Preliminary was reviewed, and Manager Hyde
reported that utilities are in.
seconded by Dickson and carried.
W.63rd and 8.64th Sts.
ENOCH SWRD SECOND ADDITION, FINAL PLAT APPROVED.
this plat is the result/%rrefusal a year or so ago to allow !.bo Sward to plat
into lots of less than 75 feet; that the lots in the present plat are 80 feet or
more; that Final Plat of this property, on dest side of Ewing Avenue between
s'd.58th and W-60th Streets, received the Planning Commission's favorable
recommendation as of November 6.
was seconded by Fronk and carried.
Bank's motion, that Preliminary be approved, was I Plated located on Brookview Avenue be-hveen
Nanager Hyde explained that
Dickson's motion that Final Plat be approved
Mr. Hyde reported that utilities are in.
WE ADDITION, FINAL PLAT APPROVED.
approval subject to Engineering Department's approval of arrangements for road
grades and fill was reviewed. Manager Hyde reported that utilities are in both
streets abutted by the plat which is between Brittany Road and Southcrest Drive
and %uth of 66th st-
Coinmission's recommendations seconded by Tupa and carried.
Planning Commission's recommendation for
Bank's motion that plat be approved in accord with
1 1/12/57
PAYTON'S ADDITION FINAL PLAT APPROVED. Council reviewed Planning Commission's
November 6th recommendation for approval of Final Plat of this small area just
south of the Fire Station site on Brittany Road.
approved was seconded by Cickson and carried. i' Fronk's motion that plat be
EDWARD'S TERRACE ADDITION, FINAL, PLAT APPROVED. (Area South of Highway #169,
Nest of Olinger Road, in the NbV1/4 of SW1/4 of Section 32).
Commission's recommendation of November 6, for approval of plat was reported.
Recommendation also carried stipulation that subdivider be informed by
registered mail that Village policy requires dedication of 5% of subdivision
for park purposes and also requires that subdivider is required to install
sewer and watermain at no cost to Village. It was reported that there is no
possibility of getting utilities on the first four lots at this time. Bank's
motion, that plat be approved and subdivider advised as recommended by
Commission, was seconded by Tupa and carried.
Planning
JOHNSON'S ADDITION, PRELIMINARY PLAT APPROVJ This Preliminary, being a sub-
division of Lots 1 and 2, Block l,.Code's Highview Park into four lots, was
discussed. It was noted that there is a forty-foot street dedication at the
Viest of the subdivision (between Lots 1 and 2, and Lots 23 and 24, Block l),
with little possibility of securing an additional 20 feet from the owners of
Lots 23 and 24. Planning Commission's recommendation for approval subject to
the 40-foot dedication was reviewed; and Bank moved for approval of Preliminary
Plat subject to dedication of, and submission of road profiles for, 40-foot
right-of-way and temporary turn-around, and subject to the developer's making
every effort to secure dedication of an additional 20-foot right-of-way for
the street. Motion seconded by Tupa and carried.
LYLE OTTO'S ADDITION, PRELIMINARY PLAT CONSIDERED. (Area EaSt of LaBuena Vista
and North of W.70th St., in SE1/4 of SE1/4 of Section 5).
presented, together with Planning Commission's November 6th recommendation for
approval of Lots 1 to 6, incl., Block 3--(First Addition}. It was reported
that the Village will soon be in the area with Sanitary Sewer and Water, to
serve LaBuena Vista, and Manager Hyde suggested that plat be approved with the
understanding that developer will supply sewer and water and will not build
until it is in.
discussed at some length, and it was finally decided to hold up approval
pending some word from the State as to the matter of the Creek.
MULTIPLE DWELLING ZONING ORDINANCE PRESENTED.
for Council consideration a proposed "multiple dwelling" ordinance, which was
informally discussed for a few minutes.
Planning Commission's recommendations.
Preliminary Plat was
The matter of the proposed Nine-Mile Creek Relocation was
Planning Engineer Swanson presented
Action deferred pending receipt of
DEDICATION ALONG NINE-MILE CREEK REQUIRED FOR FUTURE PLATS.
November 6th recommendation that Council require 100 feet on each side of Nine
Mile creek as part of requirements for platting areas abutting the Creek was
discussed.
it is likely that an easement will be needed for maintenance of storm sewers;
that, in addition, the creek bed floods in the spring and would be of no use
as residential site.
adoption: RESOLUTION REQUIRTNG PROPERTY DEDICATION
Planning Commission's
Manager Hyde reported that in addition to its use for park purposes,
Bank offered the following Resolution and moved its
ALONG NINE-MILE CREEK AS COhDITION OF
PLATTING
WEREAS, the platting of lands abutting the bed of Nine-Mile Creek into
building lots is beginning, and is expected to progress rapidly within the next
few years; and
drainage run-off into Nine-Mile Creek, thus requiring greater capacity of the
Creek; and
is to the advantage of those properties abutting it, and is in the interests of
the general public; and
the Village of Edina of property along said Nine-Mile Creek be made a condition
of platting abutting properties:
NOW, BE IT RESOLVED by the Council of the Village of Edina that, as a
condition of platting land abutting Nine-Mile Creek, the developers of owners be
required to dedicate to this Village, for public purposes, a strip of land not
less than 100 feet wide abutting said creek; and, should the property abut both
shores of the creek, land not less than 100 feet wide abutting the creek on either
side.
measured from the nearest bank, or in the absence of a defined bank, 150 feet from
the center of the channel.
BE IT FURTHER RESOLVED that said requirement be made a condition of all Final
Plats of land abutting Nine-Mile Creek filed with the Village Planning Commission
after this date, November 12, 1957.
Motion for adoption of Resolution seconde
Five ayg as follow .I J;& Bank, aye; Dickson,a
WHEREAS, the development of this property will increase and hasten the storm
WHEREASy the preservation of the Nine-Mile Creek bed in its natural state
WHEREAS, the Edina Planning Commission has recommended that dedication to
For purposes of measuring the 100-foot dedication required, it shall be
22P *V i 11 age uti0 Rfl.ksP /m
11/12/57
BUILDING SETBACK FOR FRANCE AVENUE SOUTH OF W.70TH §TREET RECCbVENDED.
Engineer 3,vanson suggested that Council consider a building setback for France
Avenue South of H.70th Street, in order that the Village might be protected pending
any future road widening.
recommendation from planning commission.
Planning
Some discussion had, but action deferred pending
DECEMBER llTH t'EETING OF PLANNING COPJMISSIONS-COUNCILS IN AREA ANNOUNCED. Council
was invited to attend the meeting scheduled for Wednesday, December llth, here at
the Village Hall, for Planning Commissions and Councils of the area municipalities,
concerning the Metropolitan Region under jurisdiction of the Metropolitan Planning
Commission.
I EDGEIJIOOR ADDITION SEI;ER AND WATER UTILITIES TO BE FINANCED BY VILLAGE TO EXTENT OF
$30,000 ON THREE-YEAR ASSESSMENT BASIS. lib. Hosmer Brown, representing E.C. Stow,
was present to request Village financing of Sanitary Sewer and :latermains in Stow's
Edgemoor Addition. Ab. Brown told the Council he believes that Alr. Stov was not
informed of the Council's policy requiring developers to finance their own sewer
and water utilities at the time he filed his preliminary plat; that the developer
is perfectly willing to agree to a short-term assessment and to agree that assess-
ments will be paid at the time houses are sold. fdr. Brown stated that Llr. D'Arcy
Leck is fee owner of the property (together with Standard Oil Company, which has
purchased the Northeast Corner); that hk. Leck is selling the property to developer
Stow on contract, but that Ltr. Stow has full responsibility for the development.
Ab. Brown was informed that a letter was mailed to Mr. D'Arcy Leck on !$arch 12,
1957, informing him of Council's policy of developer-financing; that it was mailed
to Mr. Leck because he had filed petitions with this office for utilities, and
that the plat was not filed as of that time. hlr. Hyde stated he was sure that
the matter of developer-financing had been discussed with Llr. Stow this spring,
at a meeting where k. French and Ab. Zikan were both present; that the Home
Builders Association knew about the policy, and that there was publicity about it
in both Uinneapolis Star, and Courier. Trustee Bank stated he feels that adequate
notice has been given the developer. Discussion was had on the three-year assess-
ment basis of financing now in force in some communities, with the provision that
the developer is required to pay off the assessment at the time the house is sold.
Trustee Fronk expressed himself as being in favor of this arrangement.
Bredesen advocated that requirement for full payment of assessment be upon sale of - lot rather than sale of house.
for full payment of assessment at time of property sale could be enforced only
through a contract between the developer and the Village--that it could not be a
part of the assessment proceedings.
stating once again that he believes Mr. Stow was not miare of Council plicy,
that it is impossible for him to finance improvements privately.
was queried as to the expenditure involved for construction of utilities in the
development, and estimated that cost would be about '$75,000 for service in entire
development. Xr. Fronk explained that the three-year plan limits development to
the land which can be sold aithin a three-year period; and the suggestion 1*4as made
that approximately one-third of the property in Edgemoor could be considered for
immediate development, on the three-year plan outlined. Mr. BrOVJn stated that, to
the best of knowledge, the plan is to develop the Easterly portion of the plat
(bordering France Avenue) and the Northerly portion (bordering d.70th Street) first.
Engineer Zikan stated he feels that this part of the plat can be sewered without
difficulty because of the proximity of the trunk sewer.
that the ultimate cost to the entire plat will be somewhat more expensive if the
project is done piecemeal. Mr. Brown was told that if the three-year plan is to
be considered by the Council, Mr. Stow should understand that he would be expected
to pay for sewer and water construction in the second development within the plat
from the proceeds of sale of the first development, and so on; that this deviation
is made from Council policy of developer-financing only because there seems to
have been some grounds for misunderstanding on the part of the developer. Further
discussion was had, Ak. Brom asking that Mr. Stow be given the privilege of
petitioning for Village financing of utilities within the second section of the
plat immediately after full sale of the first section. Council was adamant in its
decision that, should the three-year plan be considered at all, it would be on the
basis of financing utilities for the first section of the plat only; that the
developer should be required to finance utilities in the second and third sections
thereof.
his representative and Village Manager Hyde on the payment of special assessments
for the financing of sanitary sewer and watermain construction in Stolv's Edgemoor
Addition, and ratification by Council of said agreement, the Council deviate from
its established policy of requiring the developer to finance his own utilities to
the extent of financing sanitary sewer and watermain in Stow's Edgemoor Addition in
an amount not to exceed $30,000, levying an assessment over a three-year term against
the lots benefited by said construction, with the express understanding that said
assessments are to be paid in full at the time the said lots are sold.
seconded by Tupa and carried, with Bank voting No.
Llr.
I Mr.+Windhorst informed Council that the requirement
.
A long discussion followed, with Mr. Brown
Engineer Zikan
'
hk. Hyde reminded Council
Dickson moved that, subject to a mutual agreement between MI. Stow or
IJotion was
1 1/12/5 7
LAhT EDINA GAS SERVICE DISCUSSED. Mr. Brown reviewed for Council the troubles Lake. 1
Edina Addition is experiencing in getting gas service, because of the Highway
Department's delay in plans for Highway No. 100.
bringing the gas into the development "the back way''.
are no plans at this time for a road into the development from West 70th Street.
l- He asked that Council aid in
He was informed that there
PUBLIC HEARING SCHEDULED ON CORRECTION IN ASSESSMENT FOR SANITARY SEWER IhIPROVEhllENT
NO. 119.L. In a written report dated November 12, presented by the Clerk, it was
pointed out that errors have been made in levying the assessment for Sanitary Sewer
in Creston Hills Addition; that Lots 3 and 7, Block 3, Creston Hills have, in effect,
been assessed for two sides of the lot, the assessment being for 210.1 feet and
203.1 feet respectively. Some discussion was had on the determination of the footage
for which these two lots should be assessed. Bank's motion, that Public Hearing be
scheduled for Monday, December 9, 1957, at 7:30 P.M., on proposed correction of
the assessment for Sanitary Sewer Improvement No. 119 by (1) cancelling credit of
80 feet allowed to Lots 2,3,4 and 5, Block 6, Creston Hills; and (2) reducing the
assessable footage for Lot 3, Block 3 to 155.57 feet and reducing the assessable
footage for Lot 7, Block 3, to 149.0 feet (these footages being the dimensions of
the respective rear lot lines) and thus increasing the assessable cost per front foot
from $8.61 to $8.88 for all lots within the benefited district, was seconded by Tupa
and carried.
LAKE CORNELIA STORM SEWER: HmING POSTPONED INDEFINITELY - AND
NINE-MILE CREEK DRAINAGE DISTRICT.
Manager Hyde reported on the meeting held November 6th, at which it was determined
that the municipality attorneys investigate the powers of a committee appointed by
the County Board to act in establishing the county drainage district or districts.
He reported that he and Mr. Zikan have consulted with Messrs. Adolph Meyer and
Doublas Barr concerning the Lake Cornelia Storm Sewer (on which Public Hearing is
scheduled for November 25); that the Meyer office has suggested that some additional
laterals be included in the project, and that there are some plans for drainage to
a pond in Richfield, at Xerxes Avenue and 4V.72nd Street; that it is possible that
additional area in the Eastern part of the Village might be included in this project,
together with the area under consideration this evening (Valley View Ridge-Slope-
Terrace area).
25th Hearing until such time as all possibilities have been investigated; and Bank
so moved.
SWIMMING PaOL FILTER DISCUSSED.
been received for a complete report at this time.
for him to contact.
Mr. Hyde suggested that the Council postpone the scheduled November
Motion seconded by Dickson and carried.
Manager Hyde stated that insufficient replies have
Council suggested several localities
SOUTHDALE LIQUOR STORE MQVED. Mr. Hyde announced completion of the moving of the
Southdale Liquor Store to its new quarters in Southdale Center.
BIDS AUTHORIZED FOR DRAGLINE TIME IN LAKE PAMELA AREA. Mr. Hyde's request for
authority to advertise for bids on 100 hours of dragline time for work in the Lake
Pamela Park area was granted, by motion Dickson, seconded by Bank and carried.
FINANCES.
November 12, 1957, was seconded by Dickson and carried:
Tupa's motion for payment of the following Claims, as per Pre-List dated
General Fund $7,754.89 Liquor Fund $34,659.57
Construction Fhd 56 , 909.93 Sewer Rental Fund 527.93
Park l3, Park Const.Fund 1,176.64 PIR, Poor, ti Spec.
Waterworks Fund 1,141.71 Assessments 46.28
TOTAL $102,216 -95
Council 's having completed the business of the evening, Fronk moved for adjournment.
Motion seconded by Dickson and Carrie eting adjourned at 11:45 P.M.
Village Clerk